Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

[lazycis]

important - 815 day delay for name check is unreasonable by any standard

ATTISHA v. JENIFER, 2007 U.S. Dist. LEXIS 65761 (E.D. Mich., Sep 6, 2007)
"[N]ame check request has been pending now, by the court's calculation, for 815 days. While the court understands that defendants and the FBI have an enormous and difficult case load, the extreme delay that has occurred in this case is intolerable by any standard.
Remanding the case "for completion of the examination" would do nothing to ensure that defendants will, in fact, complete the examination and make a decision. Defendants offer no guarantee that they will not delay the
matter for additional months or years, if not indefinitely."

 

[vcs_victim]

Bou

I'm thinking about writing a letter to Ombudsman regarding excessive nc delay, mine has been pending 46 months, he's been talking about some immediate resolution for cases pending 33+ months, don't know how much effect it will have. My WOM still waiting judge rule on MTD for 5 months now. I'm too stressed out, need do whatever possible to resolve the case. How do you guys think? Paz, Lotechguy, Lazycis, GC4ME and other active members, what should I do?

Bou,

My company's attorney (a litigation attorney, not an immigration attorney) mentioned to me once that I can write a letter to the judge's chambers; explain the hardship you go through and ask him/her to look into the case expeditiously. He also said the judges also have clerks (in addition to the the court's clerk who serve the district court) and these clerks handle just the cases assigned to that particular judge. So you may talk to your judge's clerk and try to get some more info about your case.

vcs_victim

 

[mt100]

Has anybody filed a WoM against FBI . I like to file the WoM against the FBI so they have to come forward with the Backround check.
And how i can proof that the have a request form the USCIS - is there a way to get infos??
And any positive WoM in Southern California
WoM still possibile
( USCIS CLARIFIES CRITERIA TO EXPEDITE FBI NAME CHECK
Federal Litigation Removed as Sole Basis to Expedite Check)

(storry got married 09/17/2004 and filed aqpril 2006 my application - rude IO on the interwiev - still waiting - over stay my B2 Visa over 180 days )

pollinh
You haven't provided any details on what type of case you have, but your email implies you have a AOS case. If this is the case, then you need to file the standard mandamus case like others have filed, and name USCIS as well as FBI as defendants.
If you have filed AOS based on your marriage to a U.S. citizen, then you don't need to worry about your B2 visa overstay. Your B2 visa does not matter any more. You are in legal status as your AOS is pending.

 

[lazycis]

Bou,

Write to the Ombudsman, it won't hurt your case. You should put pressure on your attorney to expedite the resolution of your case. What is the point in waiting? If the judge is pro-government, it will not help your case. If AUSA has already asked USCIS to expedite your case, who cares if your case is dismissed in district court? The AOS processing will continue regardless of court proceedings. To me, having a decision (good or bad) is better then wait indefinitely. 5 month wait for a judge decision is ridiculous. If anything, file MSJ.

 

[2Y_still_waitin]

How much does it cost to get a Lawyer to expedite my Name check. I applied in March 2005 and I am still waiting. I have gone through interview. Only thing pending is my name check.

Also USCIS is asking me to fingerprints (on Sep 22 2007) a second time. Is that becuase my name check has come through. I really am tired of this wait. I want to pay my lawyer to prepare for a lawsuit (had been apprehensive but after reading this forum, it may be my only hope) . He is charging me $2500 to begin with and $10000 if I go to court. Is the cost appropriate?

 

[AGC4ME]

How much does it cost to get a Lawyer to expedite my Name check. I applied in March 2005 and I am still waiting. I have gone through interview. Only thing pending is my name check.

Also USCIS is asking me to fingerprints (on Sep 22 2007) a second time. Is that becuase my name check has come through. I really am tired of this wait. I want to pay my lawyer to prepare for a lawsuit (had been apprehensive but after reading this forum, it may be my only hope) . He is charging me $2500 to begin with and $10000 if I go to court. Is the cost appropriate?

Since you are talking about interview I assume your's is a naturalization case. Your lawyer fees seems to be exhorbitant. Natz cases are pretty easy especially since you've already undergone interview. Read through this thread, especially the first page. You have sample documents that you can use and file it yourself.

 

[nmchkvic]

thank you lazycis, thanks you verymuch.
i wanted to share a letter received from USCIS today...

as per the service request raised by me on jul 13th..
i received a letter prepared and mailed on aug 3oth.
it says


"
the status of this service request is:
based on your request we researched the status of this case.we are actively processing this thime.however, we have to perform additional review on this case and has caused longer processing time.if you do not receive a decision or other notice of action from us with in 60 days of this letter,please call customer sevice at the number provided below.158"


after reading this i have plenty of question because according to infopass and senators enquiry i am stuck in name check? since jan 2005.
i understand from this letter may i am gonna get another letter with in 60 days.. saying that i stuck under name check??
CAN YOU GUYS PLAESE COMMENT/SUGGEST ..on this
thanks

 

[iv2101]

Dear Gurus,

Our case is somehow different from the majority of cases in the forum, but maybe somebody have heard about similar situations or perhaps some nearly professionals, like Lazycis, could just read our complaint and advise how to improve it.
FYI, our second I140 was approved, I485 denied. The Nebraska center states that the main applicant "accrued 224 days of unlawful presence", which is not true as we filed for the first I140 and I485 when we in legal status. When those petitions were denied we left the country before accruing 180 days and got a new H1b and H4s respectfully.
Please read the attached draft of the complaint (it was written using many materials from this forum) and send your suggestions.
Thanks a lot.

 

[AGC4ME]

Dear Gurus,

Our case is somehow different from the majority of cases in the forum, but maybe somebody have heard about similar situations or perhaps some nearly professionals, like Lazycis, could just read our complaint and advise how to improve it.
FYI, our second I140 was approved, I485 denied. The Nebraska center states that the main applicant "accrued 224 days of unlawful presence", which is not true as we filed for the first I140 and I485 when we in legal status. When those petitions were denied we left the country before accruing 180 days and got a new H1b and H4s respectfully.
Please read the attached draft of the complaint (it was written using many materials from this forum) and send your suggestions.
Thanks a lot.

iv2101,
Let me understand the case here. You applied for your second I-485 which was denied because USCIS believes you accrued 224 days of unlawful presence when your first I-485 was denied. if your second I-485 has been denied you'll have to first use the administrative procedures. Did you appeal to BIA ? Have you gone through the Immigration Judge ? Only after this can you file a suit in the court.

 

[Bou]

this's a standard reply. doesn't mean anything.

thank you lazycis, thanks you verymuch.
i wanted to share a letter received from USCIS today...

as per the service request raised by me on jul 13th..
i received a letter prepared and mailed on aug 3oth.
it says


"
the status of this service request is:
based on your request we researched the status of this case.we are actively processing this thime.however, we have to perform additional review on this case and has caused longer processing time.if you do not receive a decision or other notice of action from us with in 60 days of this letter,please call customer sevice at the number provided below.158"


after reading this i have plenty of question because according to infopass and senators enquiry i am stuck in name check? since jan 2005.
i understand from this letter may i am gonna get another letter with in 60 days.. saying that i stuck under name check??
CAN YOU GUYS PLAESE COMMENT/SUGGEST ..on this
thanks

 

[Bou]

Thank you, Lotechguy, VCS_Victim and Lazy, I'll write to Ombudsman, my attorney said he will do something soon too.

Bou,

Write to the Ombudsman, it won't hurt your case. You should put pressure on your attorney to expedite the resolution of your case. What is the point in waiting? If the judge is pro-government, it will not help your case. If AUSA has already asked USCIS to expedite your case, who cares if your case is dismissed in district court? The AOS processing will continue regardless of court proceedings. To me, having a decision (good or bad) is better then wait indefinitely. 5 month wait for a judge decision is ridiculous. If anything, file MSJ.

 

[KBLI]

I-485 petion approved after filling a WOM!

Hello everyone,
Some of you may recognize me. I spent more than 16 months without work permit due to delay in the processing of my H-1B and I-485. Tired of waiting and contacting USCIS, I filed a WOM against USCIS and the DOS in May 2005. At the end of the 60 days, my work permit was approved and my I-485 has just been approved also. I would like to thank everyone in this forum who assisted me by answering my questions. May God bless all of you! I know there are 1000s people in my situation and I wish all of you good luck and perseverance. If your case has been delay for more than couple months, fill a WOM. Do not be scare! You can do it. After all, this is lawful and great country. Taking the first step is the most difficult one. In order to help other to fill a successful WOM, I upload all the documents, sample cases, and links I use to fill my WOM at the following website: www.sourcelook.com/immigration.aspx . In coming days, I will add additional useful information to the above link.
Thank you all!

 

[lazycis]

Dear Gurus,

Our case is somehow different from the majority of cases in the forum, but maybe somebody have heard about similar situations or perhaps some nearly professionals, like Lazycis, could just read our complaint and advise how to improve it.
FYI, our second I140 was approved, I485 denied. The Nebraska center states that the main applicant "accrued 224 days of unlawful presence", which is not true as we filed for the first I140 and I485 when we in legal status. When those petitions were denied we left the country before accruing 180 days and got a new H1b and H4s respectfully.
Please read the attached draft of the complaint (it was written using many materials from this forum) and send your suggestions.
Thanks a lot.

I am afraid that's the case where you need a professional advice. You do not want to mess around with your permanent residency at stake. If you cannot afford a regular lawyer, look for pro bono lawyers. What was the reason for the denial of the first I-485? Are you seeking court to compel USCIS to consider your motion to reopen? Looks like USCIS did mess up your case so you should be able to file a tort claim to recover monetary damages, but that's beyond this forum. I'm sure hiring a lawyer will pay off in your case.
If you decide to do it Pro Se, we can try to help, but we do not have a lot of experience/knowledge in this area. I found a case similar to yours Mawala v. Chertoff 06-584 (DC District court). Sign up for PACER and retrieve a complaint in that case. Looks like you have a valid point. The basis for jurisdiction should be 28 USC 1331 and 5 USC 701, et seq (8 USC 1447b is not applicable in your case).
Here is the opinion in Mawala's case, even though MAwala has lost, your situation is different.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10

 

[OK-Boy]

Hello everyone,
Some of you may recognize me. I spent more than 16 months without work permit due to delay in the processing of my H-1B and I-485. Tired of waiting and contacting USCIS, I filed a WOM against USCIS and the DOS in May 2005. At the end of the 60 days, my work permit was approved and my I-485 has just been approved also. I would like to thank everyone in this forum who assisted me by answering my questions. May God bless all of you! I know there are 1000s people in my situation and I wish all of you good luck and perseverance. If your case has been delay for more than couple months, fill a WOM. Do not be scare! You can do it. After all, this is lawful and great country. Taking the first step is the most difficult one. In order to help other to fill a successful WOM, I upload all the documents, sample cases, and links I use to fill my WOM at the following website: www.sourcelook.com/immigration.aspx . In coming days, I will add additional useful information to the above link.
Thank you all!

Congratulation for the approval. This is good website and by sharing the info with others, more and more people would sue USCIS and they deserve it...Thanks,

 

[xiaocao]

Here we go. MTD Denied in VT.

Hi AGC4ME,

I hope to get your suggestions.
I want to know if I am eligible to request the documents at my present situation. I am interested in all the documents you have mentioned here. It might be helpful for my case.

(My situation is: my WOM was denied in July. I filed a Notice of Appeal to the 4th Cir, as I can not accept that " they do not have a clear duty to process your applications at any particular pace" for their unreasonable delay processing our AOS applications submitted in Aug. 2003. Then I submitted the Brief on Aug. 30. I have not gotten any response from the AUSA or the court yet.)

Thank you very much.

Xiaocao

 

[AGC4ME]

Hi AGC4ME,

I hope to get your suggestions.
I want to know if I am eligible to request the documents at my present situation. I am interested in all the documents you have mentioned here. It might be helpful for my case.

(My situation is: my WOM was denied in July. I filed a Notice of Appeal to the 4th Cir, as I can not accept that " they do not have a clear duty to process your applications at any particular pace" for their unreasonable delay processing our AOS applications submitted in Aug. 2003. Then I submitted the Brief on Aug. 30. I have not gotten any response from the AUSA or the court yet.)

Thank you very much.

Xiaocao

Since you are in the appeals court, I'm not sure if there's a separate discovery phase for you to request documents. Even otherwise I don't recommend requesting documents as it's a lot of work reading through them. Most of them redacted and many of them useless communication and ofcourse official secret, law enforcement privilege blah blah. Not to mention the depression you go through when you learn that you indeed had a hit.

Here's the truth. If you had any exposure to any law enforcement, including traffic ticket, witness to crime, deposed in a court or anything, you'll be a hit. It doesn't matter whether your exposure was good or bad. And they have to do a manual scanning of the data.

 

[lazycis]

Xiaocao,

You cannot do the same request as AGC4ME at this stage. You can make FOIPA request and continue your appeal process. Those documents are not relevant to the question whether the district court has jurisdiction to review your claim. But you can refer to the documents filed in AGC4ME case, if you want to use them in your appellate briefs. I am sure the picture will be the same for all of us - the name check goes into step 4 and disappears.

 

[AGC4ME]

The truth

I have FBI internal communication between Robert Mueller and NNCP where it specifically says that USCIS is requesting complete name check on "naturalization" candidates. FBI, being an overzealous organization (or may be under pressure from Govt. contractors for more work, decided that any request from USCIS will go through this hell....

 

[lazycis]

I have FBI internal communication between Robert Mueller and NNCP where it specifically says that USCIS is requesting complete name check on "naturalization" candidates. FBI, being an overzealous organization (or may be under pressure from Govt. contractors for more work, decided that any request from USCIS will go through this hell....

Something I was saying all along... NC is not required by law for employment-based AOS. Just wanted to pat myself on the back

 

[z350]

I have FBI internal communication between Robert Mueller and NNCP where it specifically says that USCIS is requesting complete name check on "naturalization" candidates. FBI, being an overzealous organization (or may be under pressure from Govt. contractors for more work, decided that any request from USCIS will go through this hell....

Can you share it if it's not classified ?
When this document is dated?